In her August Illinois Bar article, Louise Simpson addresses epigenetic testing, the study of heritable traits that occur through the modification of gene expression rather than changes to the DNA sequence itself. Simpson writes that the federal Genetic Information Nondiscrimination Act protects against certain forms of discrimination over genetic testing data, but it fails to protect interpretations of epigenetic data gleaned from epigenetic testing. Currently, she argues, no nondiscrimination law has been implemented offering protections for consumers of epigenetic testing, leaving commercial and medical epigenetic testing ripe for abuse.
Illinois Bar Journal
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August 19, 2024 | Practice News

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August 13, 2024 | Practice News

Each August, the Illinois Bar Journal features a summary of legislation passed by the Illinois General Assembly during the most recent spring session that may be of interest to ISBA members. Following each update is a link to the new public act’s or bill’s full text. The public acts are organized by area of law and are compiled by David Eldridge, who represents the Illinois State Bar Association before the General Assembly.
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August 1, 2024 | Practice News

For more than a decade, Legal Research provider Fastcase has been a standard benefit for Illinois State Bar Association (ISBA) members. Its especially deep trove of Illinois materials spans a complete collection of caselaw; statutes; attorney general’s opinions; and the state’s court rules, constitution, and administrative code. During the second half of 2024, vLex Fastcase, comprising two namesake companies that merged in 2023, will roll out an update that will gallop ahead of the previous version’s capabilities with “nonhallucinatory” AI, a “negative” Cert citator that identifies nonprecedential decisions, and several other updates.
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July 29, 2024 | Practice News

In his July Illinois Bar Journal Ethics column, “Let’s Celebrate the 4s,” ISBA General Counsel Charles Northrup examines the designation “of counsel” and when, and when not, to use it.
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July 15, 2024 | Practice News

It is well known that disputes often arise between unit owners and their condominium association and that these disputes frequently lead to litigation. As John J. D’Attomo notes in his July Illinois Bar Journal article, “Condo Officers and Directors Beware,” Illinois law permits unit owners to assert claims against various potential defendants, including the condominium association and the board of the condominium association. Although often overlooked or misunderstood, D’Attomo shows how unit owners may also assert claims against the officers of the association in their individual capacity and board members in their individual capacity. A unit owner armed with this knowledge, D’Attomo suggests, may achieve significant legal and practical advantages in litigation.
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July 8, 2024 | Practice News

In Illinois, stalking is a serious crime. Yet, as Jesse P. Hodierne notes in his July Illinois Bar Journal article, “Was Counterman Counterproductive?”, on June 27, 2023, the U.S. Supreme Court’s decision in Counterman v. Colorado ostensibly bolsters First Amendment defenses of alleged stalkers. Hodierne’s article reviews the potential impact of the Counterman ruling in Illinois and explores the overall tension between protecting free speech and protecting victims of stalking.
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July 1, 2024 | Practice News

Introducing Sonni Choi Williams, the 148th president of the Illinois State Bar Association. Williams, the first woman of color to serve as ISBA president, has traveled an arduous but inspiring road to leadership. Read the Illinois Bar Association’s profile of Williams in the July issue, which chronicles her path to the law beginning with her journey to the U.S. from South Korea at age 8.
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June 24, 2024 | Practice News

In her June Illinois Bar Journal article, “Admitting Medical Expenses at Trial,” Cook County Circuit Court Judge Eileen Marie O’Connor overview of Illinois law on the admissibility of medical bills and the practical application of such at trial.
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June 17, 2024 | Practice News

In her June Illinois Bar Journal article, “The Deepfake Dilemma,” Donna Etemadi discusses recently introduced and enacted legislation combatting the endemic of sexually explicit deepfakes that threaten the lives of individuals—predominantly women and girls. Legislative proposals regulating deepfake content are moving slowly, Etemadi notes, but early attempts to combat a worrisome technology provide glimpses into the issues at stake.
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June 10, 2024 | Practice News

You’ve heard that medical malpractice cases can be expensive, but you figure the doctor’s insurance should settle fairly easily and quickly. Take a few depositions, box the defendant doctor at their deposition, and wait for the offer. After all, a case is a case, right? How hard can it be, … right? Wrong, says James H. Dawdy in his June Illinois Bar Journal article, “Avoiding the Medical Malpractice Money Pit.” Much like Tom Hanks and Shelley Long in the 1980s movie “The Money Pit,” Dawdy warns that, like the nightmare home from the movie, you may have just purchased a house that looks good on the outside but then sucks your bank account dry.